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. MINUTES OF THE <br /> ORONO CITY COUNCII.MEETING <br /> Monday,February 23,2015 <br /> 7:00 o'clock p.m. <br /> 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND <br /> LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 (continued) <br /> McMillan asked if Staff sees five feet as a problem. <br /> Gaffron stated the Code talks about what is considered a public road and that prohibition of items within <br /> the dedicated right-of-way or ten feet on either side of a paved road has been in the Code for decades. <br /> Gaffron stated he is not sure if five feet is better but that there might not be suff'icient room to park a car <br /> on the side of the road if there is only five feet. Gaffron stated Staff will not require something be <br /> removed if it has existed for some period of time and is not currently an issue,but that this would prevent <br /> it from happening in the future. <br /> Edwards stated Staff will look at a plan to see what materials are being proposed for use and to determine <br /> the type of impact it will have if a vehicle hits it or if there is a utility located underneath it. Edwards <br /> stated nine times out of ten it may not be a problem,but that the ordinance at least gives Staff the <br /> opportunity to review it before it is put in that area. <br /> McMillan stated something should be included in the City's newsletter about right-of-ways and what is <br /> allowed in that area. McMillan noted the City has received questions from people about whether they are <br /> required to fi�c culverts. <br /> Printup indicated he is okay with the ten feet since it has been on the City's books for decades but that he <br /> is struggling with requiring the five feet on small lots, especially if they are only talking about a 2-foot <br /> flower bed. <br /> McMillan indicated she is okay with 20 cubic yards. <br /> Printup stated he would also be okay with the 20 cubic yards. <br /> Walsh stated he can live with the 10 feet in the front yard but that he has an issue with the five feet for the <br /> side yards since it really limits the ability of someone to utilize their land if they have a small lot. <br /> Mayor McMillan asked for public comments. <br /> There were no public comments regarding this item. <br /> Levang moved,Printup seconded,to adopt ORDINANCE N0. 139,TWrd Series,an Ordinance <br /> Amending Section 78-1405 of the Orono Zoning Code Regarding Retaining Wall and Landscape <br /> Structures as a Non-encroachment,subject to revising the ordinance to reflect 20 cubic yards <br /> rather than 10 cubic yards. <br /> Printup asked if she would entertain two feet from a lot line. <br /> Levang stated she would stick with the five feet. <br /> McMillan stated given the possible drainage issues, it should probably be left at five feet. <br /> Page 9 of 18 <br />